07 LC 33
1759
Senate
Resolution 361
By:
Senators Thompson of the 5th, Brown of the 26th, Stoner of the 6th, Ramsey, Sr.
of the 43rd, Tate of the 38th and others
A
RESOLUTION
Proposing
an amendment to the Constitution so as to provide for the imposition of a state
sales and use tax at the rate of 1 percent, the proceeds of which shall be used
exclusively to build on the PeachCare for Kids program to provide health care
coverage for all Georgia children; to provide for the creation and operation of
the Penny for the Kids Trust Fund; to provide for legislative findings; to
provide for the submission of this amendment for ratification or rejection; and
for other purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds and declares:
(1)
All Georgia children should have access to quality, affordable health care in
order to achieve maximum physical and mental health, to benefit fully from their
educational opportunities, and to mature into the productive citizens of
tomorrow;
(2)
It is the right of every Georgia child to have such health care;
(3)
Lack of health insurance is associated with decreased utilization of appropriate
health services, poorer health, poorer school achievement, lower lifetime
earnings, and diminished public revenues;
(4)
The United States spends more per person on health care than any other country,
yet a far higher proportion of our citizens are uninsured than in any other
economically developed country; we receive fewer doctor visits than citizens of
nations that are our economic competitors, and we have poorer health outcomes
and life expectancies. Because health care coverage is ensured by the public
sector in other major nations but not in the United States, Georgia businesses
are at a competitive disadvantage in the emerging global economy;
(5)
Employment based insurance has declined in Georgia and in the rest of the United
States as the burden of uncontrolled and unpredictable health spending has led
many businesses to end or reduce coverage and others to close their doors or
move offshore. Many people in Georgia who desire to pursue business
opportunities are constrained by the need to remain in particular employment to
retain health coverage;
(6)
Currently, PeachCare for Kids and other publicly funded and subsidized programs
provide coverage for many, but not all, Georgia children;
(7)
Building on PeachCare for Kids and other publicly funded and subsidized
programs, it is possible for Georgia to provide health care coverage for all,
Georgia children;
(8)
An investment to extend these existing programs to achieve health care coverage
for all Georgia children can facilitate this; and
(9)
Because it is in the best interests of the health of the citizens of this state
and of the future of the state, ensuring access to quality, affordable health
care and providing health care coverage for all Georgia children shall be the
public policy of this state.
SECTION
2.
Article
VII of the Constitution is amended by adding a new section to read as
follows:
"SECTION
IIIA.
STATE TAXATION FOR THE PENNY FOR THE KIDS TRUST FUND
STATE TAXATION FOR THE PENNY FOR THE KIDS TRUST FUND
Paragraph
I.
State
taxation for the Penny for the Kids Trust
Fund. (a) On January 1, 2009, there is
imposed effective on that date and thereafter a state sales and use tax at the
rate of 1 percent. The sales and use tax imposed by this subparagraph shall
correspond to the state sales and use tax imposed by the revenue laws of this
state, as now or hereafter amended, except as otherwise provided in this
Paragraph. The tax imposed by this subparagraph shall be levied and collected
in the same manner as the other state sales and use tax is levied and collected.
The total proceeds derived by this state from the sales and use tax imposed by
this subparagraph shall be deposited in the Penny for the Kids Trust Fund and
used exclusively for funding health care coverage, programs, and benefits for
all children in this state.
(b)
There is created the Penny for the Kids Trust Fund. Any person or entity is
authorized to contribute or transfer moneys to the fund. Moneys in the fund
shall be exclusively used for funding health care coverage, programs, and
benefits for all the children of this state. Any other appropriation from the
Penny for the Kids Trust Fund shall be void. Funds collected and expended in
accordance with this subparagraph shall be used to supplement, not supplant,
other appropriations or funding sources for health care coverage, programs, and
benefits for children of this state. Moneys deposited into the fund shall not
lapse and shall not be subject to the limitations of Article III, Section IX,
Paragraph VI(a). Voluntary contributions to the fund which are not appropriated
as required by this subparagraph shall be refunded pro rata to the contributors
thereof, as provided by the General Assembly."
SECTION
3.
The above proposed amendment to the Constitution of Georgia shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
The above proposed amendment to the Constitution of Georgia shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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"( ) YES
( ) NO
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Shall
the Constitution of Georgia be amended so as to create the Penny for the Kids
Trust Fund to make an investment in building on the PeachCare for Kids program
to provide health care coverage for all Georgia children by establishing a
dedicated revenue source with a state sales and use tax at the rate of 1
percent?"
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All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.